Popcrash1974 Vs Abbey

[Glenn UK]

I would disagree with the approach suggested by Gizmo, it was put to me by a 'reputable legal figure' that GOGW are like bottles of Scotch you might receive in the office at Xmas.

 

Tell the court you have had it and leave it at that. When they settle the figure they settle at on the settlement date should then have the GOGW subtracted.

 

JMHO

 

Glenn

[gizmo111]

So are you suggesting that even though some money has been paid before court claim you still put in a N1 for the whole amount?

[adw]

Hi.

 

I was just looking for the same info. I have filled out the N1 and spread sheets and have not mentioned the GOGW I have received. Should I at this point or wait until I have a settlemant fig and deduct it from this?

 

I am leaning towards altering the ss and N1 now to avoid hassle latter.

 

Good to find someone at the same stage as me popcrash:cool:

[Glenn UK]

So are you suggesting that even though some money has been paid before court claim you still put in a N1 for the whole amount?

 

Yes, if they give you money and tell you its a refund of charges then you need to amend your claim for sure, but you have to either get them to tell you what charges they're refunding or tell them what you have allocated them to by amending your schedule.

 

But a gesture of goodwill has nothing to do with you're claim value unless you decide it is or the courts do.

 

Consider this, they give you a GOGW to try to get you to drop your claim, this usually takes the from of a cash sum, it could equally be any other gift, flowers for example, its only a gesture.

 

You should tell the court too, but make it clear its a gesture of goodwill.

 

The reason that amending your claim is difficult under these circumstances is that you don't know which charges to remove from your claim, do you remove interest paid as well, what about the contractual interest you are claiming?

 

Ultimately I'm not suggesting that the bank will pay you more than your claim value, i don't suppose the court will the full claim value and the GOGW either, but unless the defendant makes it clear what the status of the money is and how it relates to your claim then it isn't part of it IMHO.

 

As i said this view was initially proposed to me by someone who's opinion is widely respected and i may go back and ask him for his interpretation.

 

I don't see there is any danger in my approach though since you are being open and up front with the court. It could become a problem if you failed to declare the amount.

 

In th end of course its up to the individual how they deal with GOGW.

 

JMHO

 

Glenn

[popcrash1974]

Thanks for the advice people. I only started a new thread as i never seem to get an answer very quickly or if at all in my own thread and know from previous experience the mods are straight on a new thread to put it where it belongs.

Hmm the advice is all good, i will have to read the wording on my good will gesture. It does seem sensible to leave the calculations as is and just point out that they have paid some money back and leave it to the courts. I have done my spreadsheet starting with newest date going back to the first one so would be easier for me not to take away the latest charges from them.

 

Once the N1 form is filled in how do i go about sending it off, i take it this has nothing to do with the online claims form?

 

Havent seen anywhere that really explains the contacting the court bit of it really cept the whole go online and fill in the online questions and pay your fee.

[adw]

I have shown the GOGW within the spreadsheet and entered it on the date received. I think it will just be easier for me to understand:rolleyes:

 

Where I have cocked up is that I printed off the 3 copies kept one for myself and sent in 2

 

That comes from rushing before going to work. Will have to call the court tomorrow to sort out.

[popcrash1974]

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

 

this interest under county courts act is flummixing me, how cna you work it out if its date of issue to settlement?

[popcrash1974]

Im sorry, is it me being completely thick but im still not understanding what im meant to put in there. youve more or less told me what ive allready read and not understood.

 

the overdraft interest is the 8% that is calculated on the spreadsheet right?

 

so how can you calculate the day between judgement and settlement as nobody knows how many days itll take to settle? the calcualtion in the template is in red so this isnt emant to be on the n1 form i take it.

 

I dont think im ever going to get this claim in. can someone who can explain to me in laymans terms so i can understand please pm me as it may be quicker than wasting peoples time on this forum. thanks in advance.

[popcrash1974]

Thanks for that, it makes total sense now!

Upwards and onwards!

[popcrash1974]

Right ive had a letter from the copurt saying abbey aree defending and also a letter from abbey laying out the defense they have put in to the court.

 

Ive got my questionnaire from the court and filled in like the templates suggest with the attatched suggested draft directions and am sending it off today.

 

The draft directions state that if i dont give the courts all the info in 14 days that i will be struck out....so does that mean i do my bundle now and get a copy to both the court and the bank?

[Mad Nick]

you do not do anything until you receive directions from the court

........apart from starting to assemble what's going to go in your Bundle which, as Karne says, goes in after you get the Judge's directions and a court date. It almost certainly won't be nugatory effort because Abbey seem only to settle after they see a Bundle, and preparing one takes longer than you think - lots of copying, printing, hole-punching, labelling, cross referencing, checking. Fun, fun, fun. Regards, Mad Nick

[popcrash1974]

Started to print some of it out ages ago so shouldnt be too hard, that and i have a lot of free time at work. thanks for the info guys, another month, my this is taking its time.

[popcrash1974]

Allocation this friday (the 20th) at 10.30 at kingston county court. Looking forward to it, i see others have had response from their bank settling who have same date as me so we shall see.

[Karne]

Good luck Scott xx

[towiedyer]

Anyone know the contact details or person in Abbey to approach about trying to settle my claim?

 

I’ve tried calling the number on the top of the defence letter they sent but it just rings and rings.

 

I have the same court date at Kingston and want to try and get an early settlement.

 

Cheers in advance.

[kevwev]

Anyone know the contact details or person in Abbey to approach about trying to settle my claim?

 

I’ve tried calling the number on the top of the defence letter they sent but it just rings and rings.

 

I have the same court date at Kingston and want to try and get an early settlement.

 

Cheers in advance.

 

i also have it for tomorrow at KIngston. I wouldn't mind getting the number aswell to ask about settlement.

[charleyfarley]

e-mail

http:/www.consumeractiongroup.co.uk/forum/abbey-bank/70029-mariejader-abbey-3.html

post#56

[towiedyer]

Many thanks

 

Email sent

[popcrash1974]

Well for anyone whos in the early stage of this and is crapping it like i was....dont! I can honestly say i still havent a grop on the legal termonology and ive just walked out of court today over 3 grand better off!!

 

Congrats to the others there who all got their dosh back, about 42 of us i think i heard..only down side was having to wait hours after time meant to go in but once in it took less than a minute and the judge more or less just totted up the amount owing and said they have to pay in 28 days.

 

Id like to say a very big thankyou to KARNEVIL who gave me soo much support and help its untrue, i couldnt have done it without her and she is truly a credit to this site.

 

Now ive just got to watch the postbox for that cheque and crack on with the next one!!!

[philread1]

Hello popcrash

 

Great result today in court!!!!! Keep us updated as to when the shABBEY pay up!

 

Phil:)

[popcrash1974]

Thanks Phil, i will post as soon as i recieve the cheque and when ive come down from the ceiling!

[Karne]

Congratulations Popcrash

 

Thank you for your kind comments - you did all the hard work yourself, and you deserved to win. xxx Let us know when the cheue arrives We'll open some bubbly.

[charleyfarley]

CONGRATULATIONS!!

[adw]

Well done mate!!!!!!!

 

I have just had great news too!!! :D

[popcrash1974]

Well a week later and my general form of judgement or order came from the court stating Abbey owe me £3376.85p. So just waiting for them to send the cheque now, taking their time as usual no doubt.